Knapp v. City of Brooklyn
New York Supreme Court
Appeal from a judgment in favor of the defendant, entered upon an order sustaining á demurrer to the complaint. The complaint alleges that the defendant levied an assessment for a local improvement, known as grading and paving Halsey street, upon the lands of plaintiff, which was valid upon its face and constituted a lien upon said lands, but was actually illegal and void, by reason of facts dehors the record.
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Appeal from a judgment in favor of the defendant, entered upon an order sustaining á demurrer to the complaint. The complaint alleges that the defendant levied an assessment for a local improvement, known as grading and paving Halsey street, upon the lands of plaintiff, which was valid upon its face and constituted a lien upon said lands, but was actually illegal and void, by reason of facts dehors the record. That the expense of the local improvement, for which the assessment was laid, had been increased in dollars and cents by reason of the illegal action, frauds and irregularities of the…
1Opinion of the Court
Gilbert, J.:
If an action of this kind can be sustained, the complaint in this case is fatally defective because it does not set forth the facts upon which the allegations that the assessment “has been increased in dollars and cents by reason of the illegal action, frauds, and irregularities,” which the pleader had in mind, was founded. The averment presents a mere conclusion of law, and tenders no issue of fact.
But passing that defect, we are of opinion that the prohibition contained in section 2 of chapter 312 of the Laws of 1874, namely, that no action should thereafter be commenced for the…
2Cases cited2 opinions
- Ely and Others v. . HoltonNew York Court of Appeals · 1857
- Board of Excise of Westchester v. CurleyNew York Court of Appeals · 1877